‘The Court of Appeal has handed a boost to claimant personal injury (PI) solicitors by applying the more generous fixed costs regime for cases where the claimant in a low-value matter dies.’
Legal Futures, 9th July 2021
Source: www.legalfutures.co.uk
‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’
Local Government Lawyer, 5th July 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’
Legal Futures, 29th June 2021
Source: www.legalfutures.co.uk
‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’
Law Society's Gazette, 24th June 2021
Source: www.lawgazette.co.uk
‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’
4-5 Gray's Inn Square, 21st June 2021
Source: www.4-5.co.uk
‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’
Henderson Chambers, 4th June 2021
Source: www.hendersonchambers.co.uk
‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’
Law Society's Gazette, 21st June 2021
Source: www.lawgazette.co.uk
‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’
Litigation Futures, 21st June 2021
Source: www.litigationfutures.com
‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’
St Philips Barristers, 4th June 2021
Source: st-philips.com
‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’
Litigation Futures, 2nd June 2021
Source: www.litigationfutures.com
‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’
St Philips Barristers, 13th May 2021
Source: st-philips.com
‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’
Legal Futures, 30th April 2021
Source: www.legalfutures.co.uk
‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’
Litigation Futures, 22nd April 2021
Source: www.litigationfutures.com
‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’
Litigation Futures, 21st April 2021
Source: www.litigationfutures.com
‘A High Court master has sent out a strong message on the need to seek budget variations promptly after refusing a bid to increase two claimants’ budgets by £1.3m.’
Litigation Futures, 13th April 2021
Source: www.litigationfutures.com
‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’
Local Government Lawyer, 19th March 2021
Source: www.localgovernmentlawyer.co.uk
‘Legislation this year could introduce radically simplified procedure rules for the proposed online civil court, Supreme Court justice Lord Briggs has revealed. Addressing a Cyprus conference on civil procedure rules, Lord Briggs said the online court – whether for civil, family or tribunal cases – might have only one rule: “Do what it says in the electronic form.”’
Law Society's Gazette, 17th March 2021
Source: www.lawgazette.co.uk
‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’
Litigation Futures, 11th March 2021
Source: www.litigationfutures.com
‘During January 2021 the Court of Appeal handed down three judgments on appeals relating to strike out applications under CPR 3.4(2)(b): Allsop v Banner Jones Ltd [2021] EWCA Civ 7, PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 and Tinkler v Ferguson [2021] EWCA Civ 18.’
Ropewalk Personal Injury Blog, 25th February 2021
Source: www.ropewalk.co.uk
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